Regular Session - January 18, 2011

                                                            90



         1                 NEW YORK STATE SENATE

         2

         3

         4                THE STENOGRAPHIC RECORD

         5

         6

         7

         8

         9                   ALBANY, NEW YORK

        10                   January 18, 2011

        11                       3:08 p.m.

        12

        13

        14                    REGULAR SESSION

        15

        16

        17

        18  LIEUTENANT GOVERNOR ROBERT J. DUFFY, President

        19  FRANCIS W. PATIENCE, Secretary

        20

        21

        22

        23

        24

        25



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         1                 P R O C E E D I N G S

         2                  THE PRESIDENT:    The Senate will

         3       now come to order.

         4                  I ask everyone present to please

         5       rise and repeat with me the Pledge of

         6       Allegiance.

         7                  (Whereupon, the assemblage recited

         8       the Pledge of Allegiance to the Flag.)

         9                  THE PRESIDENT:    For today's

        10       invocation, please welcome Father Peter G.

        11       Young, from the Mother Teresa Community of

        12       Albany.

        13                  Father Young.

        14                  REVEREND YOUNG:    Thank you.

        15                  Let us pray.

        16                  When we meet in session, sometimes

        17       we stop listening to our own communication

        18       skills to advocate for only our own

        19       constituents and their agenda.

        20                  God, You want us to communicate

        21       with respect and care for each other in this

        22       Senate chamber so that we might show our

        23       New York State citizens and constituents our

        24       example of togetherness for the common good of

        25       New York State.



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         1                  Help us to have an open ear and

         2       hospitality in our minds as we listen, share,

         3       and build community instead of disunity for

         4       our New York State citizens.

         5                  Amen.

         6                  THE PRESIDENT:    Next, the reading

         7       of the Journal.

         8                  THE SECRETARY:    In Senate,

         9       Monday, January 17, the Senate met pursuant to

        10       adjournment.  The Journal of Saturday,

        11       January 15, was read and approved.  On motion,

        12       Senate adjourned.

        13                  THE PRESIDENT:    Without

        14       objection, the Journal stands approved as

        15       read.

        16                  Next, presentation of petitions.

        17                  Any messages from the Assembly?

        18                  Messages from the Governor.

        19                  Reports of standing committees.

        20                  Reports of select committees.

        21                  Communications and reports from

        22       state officers.

        23                  Motions and resolutions.

        24                  Senator Libous.

        25                  SENATOR LIBOUS:    Thank you,



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         1       Mr. President.

         2                  Mr. President, there's a previously

         3       adopted resolution at the desk by Senator

         4       Sampson; I believe it's Number 88.  May we

         5       please have the title read, and would you

         6       please recognize Senator Sampson to speak on

         7       it.  Thank you.

         8                  THE PRESIDENT:    The Secretary

         9       will read the title of Resolution Number 88 by

        10       Senator Sampson.

        11                  THE SECRETARY:    By Senator

        12       Sampson, Legislative Resolution Number 88,

        13       memorializing the 82nd birthday of the

        14       Reverend Dr. Martin Luther King, Jr., and his

        15       tremendous contributions to civil rights and

        16       American society, and the 25th anniversary of

        17       the national holiday that honors his birth and

        18       achievements.

        19                  THE PRESIDENT:    Would Senator

        20       Sampson or his designee like to speak on the

        21       resolution?

        22                  The resolution was previously

        23       adopted on January 11th.

        24                  Senator Smith.

        25                  SENATOR SMITH:    Yes, thank you



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         1       very much, Mr. President.

         2                  Many of us know the presiding of

         3       Martin Luther King over that march many years

         4       ago.  To this day, many of us believe that we

         5       have come a long way.  Martin Luther King, who

         6       has been the forefather of justice and

         7       fairness throughout this state, clearly has

         8       represented much to all of us.

         9                  Yesterday we celebrated a moment in

        10       history that many of us will never forget.

        11       Unfortunately, during this time we also

        12       recognize that there has been a scourge of gun

        13       violence throughout our city, throughout our

        14       state.  And we believe that had Martin Luther

        15       King been here, his words to us about being

        16       free at last would be one that we remember but

        17       also one that we have to pivot to what I

        18       consider to be a very significant change in

        19       how we look at our lives.

        20                  In the finance world there is

        21       something now called the P3, public/private

        22       partnership.  I believe if Martin was here

        23       today, as he talked about being free at last,

        24       he would pivot that to mean that there is a P3

        25       that we must look at ourselves, but those



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         1       three things are different.

         2                  One, we would need to pray, to pray

         3       more often about the things that are affecting

         4       our lives and people every day.

         5                  Two, we would have to be much more

         6       persistent about what it is that we are

         7       involved with, especially our young people

         8       today.

         9                  While one might consider things

        10       that they do in life to be things they

        11       remember, persistence can only be demonstrated

        12       by what we saw this weekend with the New York

        13       Jets.  Here is a team that many people had

        14       counted out, but yet because of their

        15       persistence, they ended up rising to a place

        16       where they may be the Super Bowl winners this

        17       year.

        18                  And finally, what becomes something

        19       that I think most of us have in this chamber,

        20       is patience.  It is important that we are

        21       patient as we deliberate this year on this

        22       budget, that we deliberate on new rules for

        23       this chamber, and as we deliberate around how

        24       do we get through a $10 billion deficit which

        25       we know will impact many people's lives.



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         1                  Martin Luther King is someone that

         2       I believe will be revered forever.  And I

         3       guess what becomes most important to us is

         4       that his statue will be in Washington, it will

         5       be on that rotunda, a statue of an

         6       African-American, for the first time in the

         7       history of this country.

         8                  So I applaud Senator Sampson for

         9       bringing forth this resolution.  His continued

        10       leadership around individuals and around

        11       causes is one to be admired.  And I am so

        12       happy to be able to speak on behalf of his

        13       resolution.

        14                  Senator Sampson, thank you.

        15                  THE PRESIDENT:    Senator Smith,

        16       thank you.

        17                  I recognize Senator Sampson on the

        18       resolution.

        19                  SENATOR SAMPSON:    Thank you very

        20       much, Mr. President.

        21                  Yesterday we commemorated the life

        22       and legacy of Dr. Martin Luther King, Jr., one

        23       of the greatest visionaries this world has

        24       ever known.  Dr. King transformed our society

        25       with his dreams of a free, fair, just society



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         1       blind to racial and ethnic differences.  He

         2       was an extraordinary man during extraordinary

         3       period of time, rising to the call of his

         4       people and working to make our country a

         5       better place for all people.

         6                  As our nation heals from the

         7       tragedy of what happened in Arizona and the

         8       unsettling consequences of heated -- at times,

         9       very heated -- political rhetoric driven by

        10       hatred, anger, bigotry, we must once again

        11       look to Dr. King for our guidance.

        12                  Dr. Martin Luther King, Jr.,

        13       appealed to the best in all of us.  He taught

        14       us that violence never brings permanent peace,

        15       hate never brings everlasting change, and only

        16       with compassion, civility, and togetherness

        17       will we rebuild our communities.

        18                  He told us that we must learn to

        19       live together as brothers or we shall perish

        20       together as fools.  And he called on all of

        21       us, all of our people, to rise above the

        22       hatred, the bigotry, and understand our

        23       commitment and our purpose to provide

        24       opportunity to all.

        25                  Never before has this message been



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         1       so important, especially during the times and

         2       the tribulations that we're all going through,

         3       not only here in New York but throughout this

         4       country.  Dr. King's belief in peaceful social

         5       change to create a better life for the poor,

         6       the working class, and for the disenfranchised

         7       of all races continues to inspire millions

         8       around this world.

         9                  We cannot let this moment pass, and

        10       we must understand how important his role

        11       played not only here in these United States

        12       but throughout the entire world.  This is

        13       someone who has understood how important it

        14       was for all people to be measured by the

        15       content of their character.

        16                  So as we go through our daily

        17       trials and tribulations in this political

        18       environment, we must always remember that

        19       irrespective of the political rhetoric,

        20       irrespective of who's in control, it's always

        21       all about the people.  And the people will

        22       always judge us not on what is politically

        23       correct but what is morally correct.

        24                  So, Mr. President, thank you very

        25       much for giving me this opportunity to speak



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         1       on this resolution.  Thank you.

         2                  THE PRESIDENT:    Thank you,

         3       Senator Sampson.

         4                  I recognize Senator Larkin next.

         5                  SENATOR LARKIN:    Thank you,

         6       Mr. President.

         7                  You know, this is a day we'll be

         8       celebrating not just for these past 25 years

         9       but for a lot of days to come.

        10                  I had the opportunity to meet Dr.

        11       King.  Very short, Mr. President, probably

        12       10 minutes.  It was a result of the march on

        13       March 21st to the 25th of 1965.  I was a young

        14       army major praying that I'd get promoted next

        15       month.  And lo and behold, I was ordered to

        16       Montgomery.

        17                  My mission was to correct the issue

        18       of the week before, where Bull Connor put the

        19       hoses on all the people that were marching.

        20       Dr. King didn't march in the previous week.

        21       Some people say he did; he didn't.

        22                  But my mission was to tell the

        23       governor:  "Governor Wallace, the President of

        24       the United States would like you to activate

        25       the Alabama National Guard in order to ensure



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         1       a smooth march from Selma to Montgomery."

         2                  We've often heard about the

         3       Governor of Alabama's excellent quotations,

         4       and he told me what I could do with the paper.

         5       I don't have it, and I don't know where it is,

         6       but it isn't available anymore.

         7                  Two hours later, I was -- we didn't

         8       have cellphones in '65.  I was back at

         9       Montgomery, the air base, and told my boss,

        10       General Cotton, what the governor had said,

        11       and he said:  "Good, go take a snooze and go

        12       back at midnight and tell him he's activated.

        13       By the way, I hope you've got your green

        14       uniform on."  I said, "I do."

        15                  Went back at 12 o'clock, and there

        16       was a full colonel there giving the orders.

        17       And he said, "Major, you can give the message

        18       to the governor.  I won't."

        19                  And he just said, "Fine.  Tell him

        20       that he'll have to activate them."  Because

        21       politics played a great role in it.  Governor

        22       Wallace was smart enough to know that if he

        23       activated the troops in Alabama, the State of

        24       Alabama, their taxpayers, would have had to

        25       pay for all of the activation, the gas, the



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         1       mileage, whatever needed to be done.  But when

         2       the President activated them, the cost was

         3       across the 50 states.

         4                  Now, we had troops come in from

         5       Fort Hood, Texas, 101st Airborne out of

         6       Kentucky, the First Signal Group out of

         7       Fort Washington, the Big Red One come in.  We

         8       had all the support we'd want.  Great

         9       organizational structure on the field.  And on

        10       that Sunday morning when we were getting to

        11       the march, everybody kept humming up, humming

        12       up, humming up.  The issue was let's get out

        13       on the road and march.

        14                  So I was taken to meet Dr. King,

        15       and his comments to me were, "Well, I hope you

        16       enjoy the walk.  I give you my blessing.  Now

        17       let's get the march going."

        18                  There were approximately 2500

        19       people the first day we marched.  And during

        20       the next few days, every day it increased,

        21       increased.  And we had people riding the

        22       railroad to check to see if there was any

        23       dynamite, because we'd had talks of they were

        24       going to blow up some of the rail so the

        25       supplies couldn't go.  There was also a time



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         1       where we had to change the location of where

         2       the encampment was overnight, and we did it

         3       successfully.

         4                  It was a successful march until the

         5       end.  And as we got on that aircraft to come

         6       back to Washington, we were airborne about

         7       30 minutes and we were told that one person

         8       was killed, a lady by the name of Viola Liuzzo

         9       from Detroit, Michigan, very active in the

        10       UAW.  Taking people back to Selma and didn't

        11       follow our instructions to stay out of certain

        12       areas.  Because there were rednecks.

        13                  But we made a very successful

        14       march.  25,000 people were estimated at the

        15       very end of it.  And I believe that that march

        16       was the guiding light for the Voting Rights

        17       Act of 1965.

        18                  I learned a lot.  I learned a lot

        19       of things.  But one thing that I keep

        20       wondering today, when are we all going to

        21       start remembering that we're all human beings?

        22       The color of your skin doesn't mean anything.

        23       I commanded white troops and I commanded black

        24       troops.  Some liked me, John, some didn't.  On

        25       both sides.



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         1                  But the point is, we had shootings

         2       in my district over the weekend, and Sunday I

         3       was speaking at a Martin Luther King, Jr.

         4       event.  And my question really is to us, as I

         5       said to all of those high school kids, you

         6       stand up here and you clap for Martin Luther

         7       King and you say how great he is.  When are

         8       you really going to honor him and cut out this

         9       nonsense of violence?

        10                  And I think we as legislators have

        11       a responsibility to go back to our districts

        12       and say to them, You are not enhancing and

        13       honoring Dr. Martin Luther King, Jr., when you

        14       don't participate in having people start to

        15       work together instead of the continuation of

        16       drugs, guns, and all of that.

        17                  If he's looking down at us today,

        18       he's saying, "I left you a message, I left you

        19       a vision.  You didn't pay a heck of a lot of

        20       attention."  And he didn't mean white, black,

        21       pink or green, he meant his fellow Americans

        22       that are still here.

        23                  So I say to each and every one of

        24       you, as I say each year when we do this, let

        25       us get back into our districts and let's get



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         1       our clergy, other municipal officials, and see

         2       what we can do to honor him by making our

         3       young people realize the opportunities they

         4       have that he envisioned for them, and let us

         5       all grow up and say, We will follow your words

         6       and guidance.

         7                  Thank you, Mr. President.

         8                  THE PRESIDENT:    Thank you,

         9       Senator.

        10                  As a courtesy, any other Senators

        11       who would like to speak before we move on?

        12                  Senator Montgomery.

        13                  SENATOR MONTGOMERY:    Yes, thank

        14       you, Mr. President.

        15                  I rise to thank my leader for

        16       introducing this resolution, just to make sure

        17       that it is on the record each and every year.

        18                  And recently there was a poll,

        19       national poll, of people around the country to

        20       try to identify 25, I believe, of the most

        21       important and significant African-Americans in

        22       America.  And Martin Luther King, Jr., was

        23       number one.  Barack Obama was number two.

        24                  And I think that one of the

        25       significant aspects of what Martin Luther King



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         1       means -- certainly to me, and I think to

         2       America -- is that we have had two very dark

         3       periods in our nation for black people in this

         4       country, African-Americans.  One of them was

         5       the centuries of slavery.  And we honor

         6       Abraham Lincoln for how we view him as the

         7       Emancipator.

         8                  But then, as quickly as slavery

         9       ended, we came up with another sort of means

        10       of keeping African-American people out of the

        11       mainstream of opportunity, and that was a

        12       system of apartheid for us.  We call it Jim

        13       Crow.

        14                  It was a horrible existence for

        15       those of us of color in this country.  And

        16       fortunately most of the young people around

        17       the room don't know anything about it, so I

        18       forgive them.  But certainly it was a time and

        19       a period when there was nothing worse that

        20       could happen to a human being than the kind of

        21       humiliation and degradation and loss of

        22       opportunity and elimination from opportunity

        23       in every single level in America for black

        24       people here.

        25                  And I think that the importance for



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         1       Martin Luther King to us is that he had the

         2       courage to fight from the inside, to help

         3       black people as well as white people in this

         4       country feel that they, all of us, should be

         5       standing up to this horrible system of

         6       Jim Crow in America.  That is what he means,

         7       certainly, to me.  That's what he has meant.

         8                  We all received courage from him.

         9       And we did not even understand the

        10       significance of what he gave us.  But he saw

        11       us today even back then, over 40 years ago.

        12       He understood how difficult it would be.  He

        13       told us, "I won't get there with you."  He

        14       understood that his life would be threatened,

        15       and it was threatened.  He lived in constant

        16       fear of death on a daily basis for himself and

        17       his family.  But he still understood that it

        18       was so important for us to be here and to be

        19       able to stand here today and remember him but

        20       also to reap the benefits of his life and

        21       death.

        22                  I hope we never forget that.  I

        23       hope young people understand that we didn't --

        24       Martin Luther King was not just a great man,

        25       he was a great role model for those of us who



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         1       want to see and make a difference for

         2       ourselves, for our families, for young people

         3       in this state.  He was our role model.  He

         4       said:  "Stand up.  When everything else fails

         5       when you can do nothing else, at least stand

         6       up."

         7                  So I appreciate that.  I hope that

         8       we never, ever lose what he has meant to

         9       America today and into the future.

        10                  Thank you, Mr. President.

        11                  THE PRESIDENT:    Senator Savino.

        12                  SENATOR SAVINO:    Thank you,

        13       Mr. President.

        14                  And I want to thank Senator Sampson

        15       for bringing this resolution in recognition of

        16       Dr. King.

        17                  Every year I enjoy listening to

        18       Senator Larkin talk about the period of time

        19       when he got to meet Dr. King, and Dr. King's

        20       influence on all of us in their own way.

        21       Senator Velmanette Montgomery speaks about it,

        22       and Senator Smith speaks about it, and all of

        23       us.  We've all been touched by Dr. King in

        24       many ways.

        25                  And while it's certainly important



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         1       that we always recognize his commitment to the

         2       civil rights movement, we also should remember

         3       his commitment to the labor movement.  In

         4       fact, Dr. King spent his last few hours in

         5       Memphis leading a strike of sanitation

         6       workers, black sanitation workers who had been

         7       dehumanized by the City of Memphis in many

         8       ways, not just in their paychecks.

         9                  And he left us a valuable message.

        10       It was at that rally that he delivered his "I

        11       have been to the mountaintop" speech.  And he

        12       talked about the humanity of all of us.  And

        13       he talked about the importance of the labor

        14       movement as a vehicle for positive change for

        15       average Americans.

        16                  And so this year as we go forward,

        17       and we will be making some very difficult

        18       decisions with respect to working people --

        19       not just those in unions, but those that don't

        20       belong to unions -- we should be reminded of

        21       Dr. King's message that all work is ennobling

        22       and it should be compensated decently and that

        23       all workers should be treated with dignity and

        24       respect.

        25                  Thank you, Mr. President.



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         1                  THE PRESIDENT:    Thank you,

         2       Senator.

         3                  Senator Perkins.

         4                  SENATOR PERKINS:    Thank you very

         5       much.

         6                  First I want to thank my leader for

         7       the eloquence of his remarks and the

         8       opportunity that he gives us to commemorate

         9       Dr. King at this very, very important time in

        10       our state and in our country.

        11                  Yes, he died he right after he was

        12       organizing the sanitation workers.  And he

        13       died by a gunshot.  And which reminds us once

        14       again how weapons and guns, illegal weapons

        15       and guns continue to proliferate and to bring

        16       harm not just to our leaders but to folks in

        17       our neighborhoods.  I'm thinking of the SNUG

        18       program that this Legislature funded that

        19       began to address some of those kinds of

        20       issues.

        21                  But I'm also recognizing that when

        22       Dr. King died, beyond his work with the labor

        23       movement was his commitment to fight poverty.

        24       He was on his way to Washington, D.C., a place

        25       that he called Resurrection City, in a Poor



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         1       People's Campaign in which he was going beyond

         2       just civil rights but to another level of

         3       change that was important to recognize and

         4       important to work with, and that was to change

         5       the fact that there was growing poverty that

         6       was embarrassing to what this country

         7       supposedly stood for that needed to be

         8       addressed.

         9                  And he was organizing folks from

        10       Appalachia to Harlem, including myself, to

        11       make sure that there was a place on the

        12       agenda, not only of the nation but hopefully

        13       even of this State Legislature, to recognize

        14       our responsibility to deal with poverty, to

        15       deal with the fact that poverty, by the way,

        16       has even grown since then in many of our

        17       communities.

        18                  And so as we deliberate on what is

        19       clearly a very challenging budget, even

        20       flirting with the notion of cutting back

        21       services to the poor, I hope that we recognize

        22       that in the eyes of Dr. King it would be

        23       unacceptable.

        24                  So if we are going to be sincere in

        25       our resolution to commemorate and to embrace



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         1       Dr. King, remember that is best articulated as

         2       we move through this legislative process, as

         3       we move through this budgetary process.

         4                  What would King say if we were to

         5       cut the budget in such a way that it would

         6       increase poverty, that it would not address

         7       the way poverty should be truly and can be

         8       addressed in our state at this point in time?

         9       We have to figure that out for sure, because

        10       otherwise we will be sort of bordering on

        11       hypocrisy.

        12                  And I know we are not going to do

        13       that.  I'm confident that we're going to do

        14       the right thing by our poor people, by our

        15       communities all over the state, not just in

        16       the northern part of the state but in the

        17       southern part of the state, in the cities and

        18       the inner cities, all over.

        19                  This is a problem that's not just

        20       unique to one part of the state, and all of us

        21       have a responsibility in the name of Dr. King

        22       to make sure that at the end of this

        23       legislative process we can say we made a

        24       difference for poor people.

        25                  Thank you.



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         1                  THE PRESIDENT:    Thank you,

         2       Senator.

         3                  Senator Adams.

         4                  SENATOR ADAMS:    Thank you.

         5                  And I thank Senator Perkins, my

         6       colleague, on his comments.  And I agree that

         7       we can't honor a dream if we're going to live

         8       a nightmare.

         9                  And I just want to talk about two

        10       quick aspects of Dr. King and what he meant to

        11       me.  One is the path of a bullet.  You know,

        12       often people think that the path of a bullet

        13       ceases when it hits the target.  But in

        14       addition to ripping apart the human flesh, it

        15       also destroys the anatomy of our society and

        16       anatomy of our community.

        17                  And it travels.  It continues to

        18       travel for so many years.  The bullet of

        19       Dr. King traveled year after year after year,

        20       just as the bullet that took place in Arizona

        21       the last few weeks.

        22                  We must be concerned about stopping

        23       the path of that bullet, both the actual

        24       bullet and the symbolic bullet, how it

        25       destroys the communities that we call home.



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         1       And I think that we are encouraged to do so.

         2       I think there's new legislation that we're

         3       going to look at that makes sure a person

         4       who's emotionally disturbed in any capacity

         5       will not continue to have access to a firearm.

         6       I think New York State can lead the way that

         7       the rest of the country can follow.

         8                  The second is something that is

         9       often overlooked, and that's the person that

        10       was named Daddy King.  He was Dr. King's dad.

        11       He had a third-grade education, decided as an

        12       adult to go back to school and to further his

        13       education and found himself to be enrolled in

        14       Morehouse College.  Just an average person, a

        15       person of modest means.  He wasn't born into

        16       some great society or lifestyle, he was just

        17       an everyday human being.

        18                  And that is a numerical majority of

        19       the people that we represent, just everyday

        20       people.  Their ethnicity is not important,

        21       where they go to church is not important, how

        22       they decide to live their lives is not

        23       important.  They're people who just believe in

        24       America.  They're people who are contributors

        25       to the greatest race alive, and that's the



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         1       human race.

         2                  And it can be from Buffalo to

         3       New York Avenue, it doesn't matter.  And I

         4       think that is the true measure of what

         5       Dr. King meant.  And if he was here, he would

         6       probably say, Stop focusing on me.  I may have

         7       been a star, but there are countless number of

         8       costars, people who allowed Dr. King's

         9       followers to sit inside their homes and just

        10       have a meal, that decided to protect them when

        11       they were being violently beaten.

        12                  This wasn't a black issue.  This

        13       wasn't an issue of one ethnicity.  If you

        14       really reflect on the life of Dr. King, you'll

        15       see throughout his life there were a large

        16       number of Jewish rabbis that went to the South

        17       and marched with Dr. King.  There were

        18       Catholic priests that decided to stand up and

        19       say it was wrong to continue down this

        20       spiralling path of degradation in America.

        21                  So the beauty of Dr. King is not

        22       the individual, but it's the spirit in which

        23       he lived by, that we as a country had a

        24       responsibility and an obligation to show the

        25       entire globe how in America we meant what we



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         1       said when all men are created equal.

         2                  So our goal in this time, in the

         3       year 2011, is to stop the path of destruction

         4       that a bullet may have as it rips apart the

         5       human flesh of the countless number of

         6       innocent victims, but also as it rips apart

         7       the anatomy of our society.  We must find a

         8       way to end this senseless trade wind of gun

         9       violence that has swept us apart.  We must

        10       take our country back.

        11                  I no longer want to start my day by

        12       hearing the wails of a mother because she has

        13       prematurely lost her child to gun violence.

        14       We must take our country back and stop this

        15       endless, senseless spiralling effect of gun

        16       violence that is suffocating the life of our

        17       country.  And I think New York State can lead

        18       the way in doing so.

        19                  Thank you very much.

        20                  THE PRESIDENT:    Thank you,

        21       Senator.

        22                  Senator Diaz.

        23                  SENATOR DIAZ:    Thank you,

        24       Mr. President.

        25                  I am a black Puerto Rican with



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         1       kinky hair and broken English.  And I sit here

         2       in this chamber to listen to all the great

         3       people honoring Dr. Martin Luther King.

         4       Senator Perkins spoke about a budget that

         5       would hurt the poor, that would hurt senior

         6       citizens, that would hurt our children's

         7       education.  But yet we take pride and people

         8       stand up to speak how great, how shall we

         9       honor Dr. Martin Luther King.

        10                  It is good to say that when you

        11       have nothing to lose.  It is good to invoke

        12       the memory of Dr. Martin Luther King when

        13       you -- from your mouth, only from your mouth

        14       and not from your heart.  Because if we really

        15       are going to honor the memory of Dr. Martin

        16       Luther King, then we should take the advice of

        17       Senator Perkins.  What we're going to do with

        18       the poor?

        19                  Yesterday, yesterday during the day

        20       that we were honoring Martin Luther King, just

        21       the Governor of the State of New York issued

        22       an ultimatum:  If the Legislature will not

        23       support my budget, my $10 billion cuts that

        24       will hurt the people that Martin Luther King

        25       was supporting and protecting -- but



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         1       yesterday, during the day of Martin Luther

         2       King honoring, the whole nation honoring

         3       Martin Luther King, just the Governor of the

         4       State of New York, the Honorable Andrew Cuomo

         5       issued an ultimatum.  If the Legislature don't

         6       approve my $10 billion in budget cuts, we will

         7       shut the government.

         8                  That was a threat.  Not only was it

         9       taken like a threat, I guess it was a

        10       challenge.  During the Martin Luther King Day.

        11       So are we going to honor Dr. Martin Luther

        12       King by telling all of us if you don't cut

        13       support for the poor, for the needy, for the

        14       senior citizens, for the children, for

        15       education, we're going to shut the government?

        16                  So yes, Senator Larkin said that he

        17       was a major during the demonstration in

        18       Alabama.  During those times, before those

        19       times, I was a soldier in Alabama, in

        20       Fort Jackson, South Carolina.  And I was a

        21       volunteer from Puerto Rico, proud of wearing

        22       my Army uniform.  But that doesn't prevent

        23       people from calling me a dirty Puerto Rican

        24       spic.  That didn't stop anybody, people from

        25       chasing me and beating me, beating me up.



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         1       That didn't stop people from doing to me all

         2       kinds of things that when I left the Army, I

         3       left a mess when I came back to Puerto Rico.

         4                  So yes, let's honor the memory of

         5       Dr. Martin Luther King.  We Puerto Ricans, we

         6       black Puerto Ricans have more ways to be

         7       grateful for Dr. Martin Luther King than many

         8       of you, because we black Hispanics -- not

         9       Puerto Ricans, black Hispanics -- we are up in

        10       the limbo.  We're in the limbo stage.  We

        11       don't fit with the black, and we don't fit

        12       with the white Hispanic.

        13                  So when you talk about racism and

        14       talk about hurting people and talk about

        15       feeling, it's easy to speak about those things

        16       when you don't even know what it is.  It's

        17       easy to say, Oh, oh, oh, I'm going to stand up

        18       in this chamber and say so many things, when

        19       you don't even know what it is to be rejected

        20       by every group and to be in a position that

        21       you are the outcast.

        22                  So yeah, let's honor Martin Luther

        23       King, but let's do it in the chamber by

        24       protecting the poor, the needy, the senior

        25       citizens, our children's education.  Then we



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         1       can say we are honoring the memory of

         2       Dr. Martin Luther King.

         3                  Thank you, Mr. President.

         4                  THE PRESIDENT:    Thank you,

         5       Senator.

         6                  This resolution was previously

         7       adopted on January 11th.

         8                  Senator Libous.

         9                  SENATOR LIBOUS:    Thank you,

        10       Mr. President.

        11                  Mr. President, I hand up a

        12       privileged resolution by Senator Skelos and

        13       ask that it be read in its entirety.  And I

        14       ask for its immediate adoption, please.

        15                  THE PRESIDENT:    The Secretary

        16       will read the privileged resolution in its

        17       entirety.

        18                  THE SECRETARY:    By Senator

        19       Skelos, Senate resolution providing for the

        20       adoption of the rules of the Senate for a

        21       certain period of time.

        22                  "RESOLVED, That the rules of the

        23       Senate, as adopted pursuant to Senate

        24       Resolution Number 7 on January 5, 2011, are

        25       hereby adopted for the period of January 5,



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         1       2011, through February 1, 2011."

         2                  THE PRESIDENT:    The question is

         3       on the resolution.  All in favor signify by

         4       saying aye.

         5                  (Response of "Aye.")

         6                  THE PRESIDENT:    Opposed, nay.

         7                  (No response.)

         8                  THE PRESIDENT:    The resolution is

         9       adopted.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Thank you,

        12       Mr. President.

        13                  Mr. President, there will be an

        14       immediate meeting of the Finance Committee in

        15       Room 332, which will be followed by a Rules

        16       Committee meeting right after the Finance

        17       Committee.

        18                  We'll have the Senate stand at

        19       ease, but I would announce to the members that

        20       no legislation will be taken up today.  When

        21       we come back in, we'll just have the reports

        22       of the committees.

        23                  THE PRESIDENT:    Thank you,

        24       Senator.

        25                  There is an immediate meeting of



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         1       the Finance Committee in Room 332, followed

         2       immediately by a Rules Committee meeting.

         3                  And the Senate will now stand at

         4       ease.

         5                  (Whereupon, the Senate stood at

         6       ease at 3:45 p.m.)

         7                  (Whereupon, the Senate reconvened

         8       at 4:26 p.m.)

         9                  THE PRESIDENT:    The Senate will

        10       come to order.

        11                  Senator Libous.

        12                  SENATOR LIBOUS:    Thank you,

        13       Mr. President.

        14                  Can we return to reports of

        15       standing committees.  I believe there's a

        16       report of the Rules Committee at the desk.

        17       And may we please have it read.

        18                  THE PRESIDENT:    Reports of

        19       standing committees.

        20                  The Secretary will read.

        21                  THE SECRETARY:    Senator Skelos,

        22       from the Committee on Rules, reports the

        23       following bills:

        24                  Senate Print 1198, by Senator

        25       Golden, an act to amend the Civil Practice Law



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         1       and Rules;

         2                  1891, by Senator Alesi, an act to

         3       amend the Tax Law;

         4                  1892, by Senator Ranzenhofer,

         5       concurrent resolution of the Senate and

         6       Assembly proposing an amendment to Article 7

         7       of the Constitution;

         8                  And Senate Print 1919, by Senator

         9       Zeldin, concurrent resolution of the Senate

        10       and Assembly proposing an amendment to

        11       Section 14 of Article 3 of the Constitution.

        12                  All bills ordered direct to third

        13       reading.

        14                  THE PRESIDENT:    Senator Libous.

        15                  SENATOR LIBOUS:    Thank you,

        16       Mr. President.

        17                  I now move that the report of the

        18       Rules Committee be accepted.

        19                  THE PRESIDENT:    All in favor of

        20       accepting the report of the Rules Committee

        21       signify by saying aye.

        22                  (Response of "Aye.")

        23                  THE PRESIDENT:    Opposed, nay.

        24                  (No response.)

        25                  THE PRESIDENT:    The report is



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         1       accepted.

         2                  Senator Libous.

         3                  SENATOR LIBOUS:    Thank you,

         4       Mr. President.

         5                  I believe that, in consultation

         6       with Senator Sampson, he would like to hand up

         7       the following leadership and committee

         8       assignments.

         9                  THE PRESIDENT:    So ordered.

        10                  Senator Libous.

        11                  SENATOR LIBOUS:    Mr. President,

        12       is there any further business at the desk?

        13                  THE PRESIDENT:    There is none.

        14                  SENATOR LIBOUS:    If there is no

        15       further business at the desk, Mr. President, I

        16       move that we adjourn until Wednesday,

        17       January 19th, at 11:00 a.m.

        18                  THE PRESIDENT:    On motion, the

        19       Senate stands adjourned until Wednesday,

        20       January 19th, at 11:00 a.m.

        21                  (Whereupon, at 4:28 p.m., the

        22       Senate adjourned.)

        23

        24

        25



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